CITATION: Orticello v. Morgan et al et al., 2026 ONSC 3973
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Christina Orticello, Plaintiff
AND:
Maggie Morgan, Lyle Miller, Elissa Ferrari, Vikram Kapur, Sharon Hicks, RBC, carrying on business as Aviva General Insurance Company, Economical Insurance and /or Definity Financial Corporation, Toyota Credit Canada Inc. and Maragret Alexandra Dort, Defendants
BEFORE: Justice Grant R. Dow
COUNSEL: Christina Orticello, Self-Represented Gavin J. Tighe, Nikolas Shymko, for Maggie Morgan, Elissa Ferrari and Vikram Kapur, Ian Sinke, for Lyle Miller, Alan Rachlin, for RBC Carrying on Business as Aviva General Insurance Company, Sharon Hicks, Margaret Alexandra Dort, Economical Insurance and/or Definity Financial Corporation and Toyota Credit Canada Inc., Self-Represented,
HEARD: June 29, 2026
ENDORSEMENT
1This matter was referred to me on June 25, 2026 by the Registrar’s office pursuant to Rule 2.1.01 of Rules of Civil Procedure following the request from counsel for the defendant, Maggie Morgan, Elissa Ferrari and Vikram Kapur. The request is that this action be stayed or dismissed as duplicative which would make it an abuse of the process of the Court.
2In accordance with Rule 2.1.01(1) the pleading is evaluated “on its face”. Here, given the allegation of duplicative proceeding, the Court must also consider what are existing tort Statements of Claim, being action CV-18-00607756-0000 and CV-18-00597800-0000 which are claims for damages by the plaintiff arising from motor vehicle accidents in which she was involved on May 15, 2016 and November 2, 2016.
3Here, the Statement of Claim at issue (Court file No. CV-26-00010884-0000) seeks damages in the amount $5,000,000 arising out of actions taken by the alleged tortfeasors in the motor vehicle accident of May 15, 2016 (defendant, Sharon Hicks) and November 2, 2016 (defendants Maragret Dort and Toyota Credit Canada Inc.), their automobile insurers (defendant, RBC carrying on business as Aviva General Insurance Company for Sharon Hicks and Economical Insurance and/or Definity Financial Corporation for Margaret Dort and Toyota Credit Canada Inc.), those defendants existing or previous counsel (Maggie Morgan, Elissa Ferrari and Vikram Kapur) and finally, the plaintiff’s own former counsel, Lyle Miller.
4The Statement of Claim at issue does not plead that the tort Statements of Claim have resolved. To the contrary, the Statement of Claim at issue raises allegations of impermissible conduct by the defendants delaying or prolonging the determination of the tort Statements of Claim. Thus, any allegations or claims against the defendants have yet to crystallize and must wait until the tort claims have been determined. Alternatively, if events or conduct has occurred in that litigation process, it should be the subject of interlocutory relief sought and/or provided in either or both of those actions.
5As such, the appropriate remedy is to grant the request by the counsel for defendants, Maggie Morgan, Elissa Ferrari and Vikram Kapur to the extent that this action is hereby stayed as against all defendants on the basis it is abuse of the process of the court. It shall remain stayed pending the determination of the tort actions or further order of this Court.
6No request was made for costs and there is no order as to costs.
7I urge the plaintiff to obtain legal advice.
Mr. Justice G. Dow
Date: July 8, 2026